Press Release

Publishing trade associations issue clear rules for Orphan works “safe harbor” for users of academic and scholarly journals

LONDON, 24 October 2007 - Three trade associations, The Association of Learned and Professional Society Publishers (ALPSP), The International Association of Scientific, Technical & Medical Publishers (STM) and the Professional /Scholarly Publishing Division (PSP) of the Association of American Publishers today released a further step towards establishing clear rules for users of copyright works who cannot locate the owners of such works (so-called “orphan works”) to obtain permission to include such content in new works, course-packs, and compilations. The “safe harbor” statement we are releasing today is an evolution in policy and practice from statements and positions announced previously (see prior STM, IPA and AAP statements)[1].

Stakeholders around the world are currently debating whether orphan works should be dealt with as a matter of a copyright exception, a reduction in copyright penalties once a “parent” is located, or a blanket collective license. The view of ALPSP, STM and PSP is that private market solutions are almost always to be preferred, since they are the most likely to provide tangible results, and that solution is put forward in the new “safe harbor” document.

The safe harbor document outlines a need for a viable and diligence search request, and identifies resources that should be consulted, including a list of journal publisher imprints that the associations have compiled. Users who conduct such a search where the owner of such a work is later identified, will be subject only to a normal license fee and will not be subject to any statutory, punitive or special fees or damages.

A significant number of ALPSP, STM and PSP members have acceded to the safe harbor principles, and it is hoped many more will join shortly. In a sense this effort creates an actual legal right that would otherwise only be available through extensive formal legislation.

The safe harbor that members of the three associations are providing will significantly increase the ability of scholarly users, researchers and writers, to utilize the rich resources of scholarly and academic journal content for the benefit of all.

The Association of Learned and Professional Society Publishers (ALPSP) is the international trade association for not-for-profit publishers and those who work with them.

STM – International Association of Scientific, Technical and Medical Publishers – is an international association of about 100 scientific, technical, medical and scholarly publishers, collectively responsible for more than 60% of the global annual output of research articles, over half the active research journals and the publication of tens of thousands of print and electronic books, reference works and databases.

The Professional & Scholarly Publishing (PSP) Division of the Association of American Publishers, Inc. (AAP) serves over 140 commercial, not-for-profit, and university press publishers who provide scholarly information in the sciences, technology, medicine, business, law, and the humanities and social sciences. PSP engages in educational and advocacy activities for the advancement of scholarship and the broad interests of information services community.

For further information, please contact:

Mark Seeley ()

[1]see comments from AAP at and the 2006 IPA statement at and the joint IFLA-IPA June 2007 statement at

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